Thanks to an order from the U.S. Supreme Court, a Georgia death row inmate was granted a hearing to prove his innocence to a federal judge - a chance afforded no American facing execution in nearly half a century.

Now that the court hearing is over, what happens next isn't so clear. The case of condemned inmate Troy Anthony Davis is so unusual, legal experts can't even agree on what the judge can do.

Davis' fate rests with a U.S. District Court judge who heard testimony in June from witnesses who say they lied at Davis' trial. Others say they heard another man confess to the 1989 slaying of Savannah police officer Mark MacPhail.

Judge William T. Moore Jr. won't rule until after he reviews legal briefs from both sides due Wednesday.

Some experts say the judge could order a new trial. Others say the judge could make a recommendation to the Supreme Court that Davis be freed from prison. There's also a possibility the judge could find Davis innocent, yet rule he's powerless to spare Davis' life.

"There is some ambiguity," said John H. Blume, a Cornell Law School professor who specializes in death penalty appeals. "Whenever you've got something this new, that hasn't happened all these years, you're really making your best guess."

In death penalty cases, federal courts normally consider only violations of due process and constitutional rights. When a divided Supreme Court granted Davis a hearing to prove his innocence last August, dissenting Justice Antonin Scalia called it "an extraordinary step - one not taken in nearly 50 years."

The Supreme Court set the burden on Davis to "clearly establish" his innocence with evidence that wasn't available at his 1991 trial, when Davis was convicted of shooting MacPhail as the off-duty officer rushed to help a homeless man being attacked.

If the judge rules against Davis and the Supreme Court upholds his decision, it's likely the end of his case - although Davis could make another appeal for clemency to the Georgia Board of Pardons and Paroles.

If Davis succeeds in proving his innocence, things get murkier.

Michael Mears, a John Marshall Law School professor who's defended numerous capital cases in Georgia, suspects Davis may be granted a new trial. That's what Davis' lawyers were seeking in 2007 when his latest round of appeals started.

But Stephen Bright, a Yale Law School lecturer and veteran death penalty attorney, argues a favorable ruling for Davis likely would result in the Supreme Court ordering Georgia authorities to free Davis. A second trial, he says, would amount to double jeopardy.

"We're in totally uncharted waters," Bright said. "There would be arguments all over the ballpark on it."

A major factor in the judge's ruling will be whether he believes witnesses who say they lied at Davis' trial or caved under police pressure to point to Davis as the killer.

Mears said the credibility of Davis' witnesses will be his biggest hurdle.

"They start off in the hole being admitted perjurers," said Mears, a former head of the Georgia Indigent Defense Council. "They've admitted they lied under oath at one point. How much credibility does that give them now?"

Davis' lawyers are also counting on two witnesses who testified that Sylvester Coles, who was with Davis moments before the slaying, later told them he shot the officer. One says he witnessed Coles shoot MacPhail.

But the judge criticized Davis' attorneys for failing to subpoena Coles for the latest hearing. He denied being the shooter at Davis' trial.

Because Coles didn't get a chance to answer the new accusations in his courtroom, the judge said he may disregard any testimony against him as inadmissible hearsay.

Davis' lawyers' failure to put Coles on the witness stand "may very well be fatal," said Donald E. Wilkes Jr., a University of Georgia law professor and expert on death penalty appeals.

"I've never heard of anybody in a post-conviction case committing such egregious, damaging blunders," Wilkes said.

Complicating things further, the legal issues before the judge don't stop with Davis' innocence or guilt. The judge has asked lawyers to weigh in by Wednesday on two broader issues that could restrict his authority.

The judge's first question: Is he prohibited from helping Davis, even if he's innocent, by a 1996 law passed by Congress after the Oklahoma City bombing that limits death penalty appeals?

The other legal question before the judge sounds like a no-brainer, but it's a constitutional issue the Supreme Court hasn't settled.

Appeals courts found Davis received a fair trial. If he later proves he's innocent, would it be cruel and unusual punishment to execute him? Or would putting him to death still be constitutional because Davis received a fair trial?

"It's the kind of claim you almost have to be a lawyer to make it sound even plausible," said Robert Schapiro, a professor of constitutional law at Emory Law School. "But the Supreme Court has never held that it violates the Eighth Amendment to execute someone who is actually innocent."

Still, legal experts say they doubt the Supreme Court would have ordered a hearing for Davis if it thought the federal courts were powerless to take action.

The judge hasn't laid out what options he's considering in Davis' case and hasn't given himself a deadline to rule. The Supreme Court has recessed until October, so the wait could be weeks, if not months.

THE TROY ANTHONY DAVIS CASETroy Anthony Davis was convicted in Chatham County Superior Court on Aug. 28, 1991, in the slaying of Mark Allen MacPhail. The off-duty Savannah police officer was gunned down Aug. 19, 1989, as he rushed to assist a homeless man being assaulted in the parking lot of the Greyhound Bus Terminal/Burger King restaurant at Oglethorpe Avenue and Fahm Street. The jury recommended the death penalty. State and federal courts reviewing the case have universally upheld the result. The U.S. Supreme Court last August transferred the case to U.S. District Court, ordering a judge to take evidence and determine whether new defense evidence "clearly establishes (Davis') innocence."Savannah Morning NewsON THE WEBTo read more about the life and trials of Troy Davis, watch videos or see more photos, go to savannahnow.com/troydavis.

ADVISORY: Users are solely responsible for opinions they post here and for
following agreed-upon rules of civility. Posts and
comments do not reflect the views of this site. Posts and comments are
automatically checked for inappropriate language, but readers might find some
comments offensive or inaccurate. If you believe a comment violates our rules,
click the "Flag as offensive" link below the comment.

To the ones that dont know how GOD works. Well if u dont know let me tell u he's caring,loving,understanding,full of mercy,above all powers,lord of lords,king of kings,alfa and omega,begining and the end...all of these things and more HE IS!!!!so while everybody's trying to figure out y Troy Davis is still alive is becuz GOD has this hands all over this...So,stop fighting GOD and let him handle his business...

with all of the testimony and story changing what is believeable.. Mark McPhail deserves to rest in peace.. Whomever killed that man and left a family wanting peace has been given nothing more then heartache.. JUST KILL DAVIS and get it over with.. Justice will be served in the end but I hope not for Davis, but for the McPhail family who have been waiting for this convicted cop killer to die.

Firewife2010.....I wonder if your comment would be the same if Troy Davis was someone in your family, better yet, your son. While I am personally grieving for the McPhil family, I want THE person that committed the murder to be held accountable. It is evident that Troy Davis is not dead because there is not substantial evidence that he was the person that pulled the trigger. This is a painful trial, but I do not support killing an innocent person. Maybe one day this will happen to someone in your family; I wonder would your siege for human blood be as urgent?!?!

My grandfather used to babysit us, when we were kids, every once in a while. He would walk in the house and say, "There will be spankings" We always replied the same way, "But what if we don't do anything wrong?", he smiled at us, and strongly repeated himself, "There will be spankings". Moral of this lesson is that we probably got away with something that needed a spanking, and he was just leveling the playing field, and he was absolutely right. Troy Davis, even if found not guilty, is still a criminal. Has a record, and this is probably just the spanking for all the actions he got away with.

So many people are wanting to put this man to death for a crime committed against an officer. I moved here from fla and I considered this to be the deep south, its not hard me to believe that a he could have been convicted based on deep southern racist justice....every one is so angry but what if it was actually another person who was rumored to confessing to the crime. I quote an excerpt from this article "The Supreme Court set the burden on Davis to "clearly establish" his innocence with evidence that wasn't available at his 1991 trial"...what ever happened to 'innocent until proven guilty'. I also put forward this question...are you really after the real criminal or you just want to execute a black man. Since I moved here, this is the first time i;ve heard about this man and i researched him online......from an outsider point of view....how in the hell can you not see the inconsistencies in this case.

People who do not understand the justice system don't understand that the appeals were exhausted and I am not trying to make this an issue but however, justice must be served that man is a copkiller pure and simple. I am criminal justice major and from I what know and understand is a cop was killed someone has to pay for the crime does Mark MacPhails family deserve to suffer because this man is still alive and their son is dead. I do not support Troy Davis because he has prior criminal record and evidence pointed to him pulling the trigger. No amount of evidence and trials would lead me to believe this man is innocent whatsoever.

I am sick of the race card! You know as well as I do the only time NAACP steps in when it is a white person that was the victim. I have bit my tongue over these comments, now I will say HELL YES it's about race. Close your eyes and pretend this was a police officer that was black and tell me do you think the NAACP would be trying to save his life. HELL NO! " Deep southern racist justice" give me a break. Did the black people that stood up years ago state there was a black man and a white man that could have done the shooting?Both Davis and Coles are black, so how can you say this was a southern racist issue.

Thank you for your comment. I'm glad somebody agrees with me. I guess when there is a black on white crime we need to let the black man go or else we will be labeled as racist. I have never been a racist and when I hear about a crime no matter what the color of the victim and suspect I want justice done. STOP PLAYING THE RACE CARD, BETTER YET MOVE TO ANOTHER COUNTRY DARK KNIGHT.........

I wish I can c the expressions on your faces when this man walks away. Don't be dissapointed when it happens.HAHAHAHAHAHAHA!!!!!!!!"Cuz no matter what we all think or believe it's what GOD says last." END QUOTE

The only place troy will walk is down a long hall to a bed where they will strap him down and put about three injections in him and watch him fall asleep for good. If he doesn't die of old age first. Oh how I wish the chair was still cooking them in Jackson.

So if Davis does NOT walk away, are you going to post a picture of the look on YOUR face when you find out it's not going to happen? Now, that there would be LMAO funny! Better yet, how about a video on YouTube?

If you truly believe what you say, "no matter what we all think or believe it's what GOD says last", then Davis might be spending some quality time with Satan while he's burning in Hell.

Since you're so full of religion, surely you've heard the saying "God don't like ugly". Your "wat eva" post is full of ugly. Can you spell hypocrite? In case you don't know what that means, it means a person who puts on a false appearance of virtue or religion or a person who acts in contradiction to his or her stated beliefs or feelings. That certainly describes YOU!

Because I am a patriotic American, and feel especially compelled having just celebrated the birth of our nation, I would like to thank the Davis family, Troy, his attorneys and Amnesty International for trying to revive, through their attempts to win a fair hearing for Mr. Davis, a much-denuded system of justice here in America, where the only people who enjoy the protection of our constitution are those who have the money to enforce it -- which is to say, not your average American, such as Troy Davis, or myself. As his attorneys' final brief shows, Troy Davis has more than met the burden imposed by the state to show that a reasonable juror hearing all the evidence that was suppressed in his original trial (witness testimony, in addition to expert witness testimony that examined the so-called bloody shorts and found that blood could not be determined to exist on them, nor could it, at this point, be typed if there were blood on them) would not convict him today. I have every confidence Mr. Davis will receive the new trial for which he and his family and attorneys and world-wide supporters have worked for so many years, and that he will be exonerated and released, paving the way for the McPhails to receive the true justice they deserve once Sylvester Coles is arrested and tried for his crime. Thank you.